Malaysia Case Law: Decisions & Judgments

Topic

Indefeasibility under torrens system

Legal area

Court

12 Nov 2024

CHAMPION SCORE SDN BHD MOHD SOBRI CHEW BIN ABDULLAH

Citation

P-02(NCvC)(W)-2249-12/2022 (Mahkamah Rayuan)
Court

NCvC
Case number

P-02(NCvC)(W)-2249-12/2022 (Mahkamah Rayuan)

The Court held that the proprietor and developer were bare trustees after the purchaser paid the full price and the irrevocable power of attorney did not authorize charging subdivided titles already sold; the charge was created by an insufficient/void instrument within s 340(2)(b) NLC and was therefore defeasible and liable to be set aside; HDA/Regulation protections and public policy favour the purchaser's equitable interest over the registered charge.
17 Nov 2022

1. ) LOW HAN KOK 2. ) THIAN YEN PENG 1. ) YAP SIEN TOH 2. ) KEVIN WONG WYE KEONG 3. ) LOH SHOOK FUN, AMY 4. ) CHOY LAI YI 5. ) TETUAN YEAP, YONG & AMY

Citation

WA-22NCvC-718-11/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-718-11/2018 (Mahkamah Tinggi)

Plaintiffs failed to particularize and prove fraud; the Transaction Documents (SPA, PA, Trust Deed, LOI) executed as one contemporaneous transaction coherently acknowledge receipt of purchase price; Plaintiffs' inconsistent testimony undermined credibility; 2nd–5th Defendants had discharged and returned documents before redemption and transfer which was effected by another firm, so they are not liable; 1st Defendant holds an indefeasible title and is entitled to declaration of validity of SPA and to possession; double rent not awarded due to lack of tenancy evidence and absence of proof of en…
28 Feb 2022

Mohd Affandi Bin Ahmad 1. ) PEMBANGUNAN TANAH DAN PERUMAHAN SDN. BHD 2. ) Q-DEVELOPMENT SDN BHD 3. ) MALAYAN BANKING BERHAD

Citation

JA-22NCvC-190-11/2019 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCvC-190-11/2019 (Mahkamah Tinggi)

On the balance of probabilities the Plaintiffs proved that their predecessors paid the full purchase price and took possession, making the First Defendant a bare/constructive trustee of Lots 430, 97, 607 and 716; because the Second Defendant failed to prove it was a bona fide purchaser for valuable consideration the Second Defendant's registered title to Lots 97 and 716 is defeasible and set aside; consequently charges in favour of the Third Defendant (which derived title through the Second Defendant) are also set aside; Plaintiffs' claim not statute-barred by Limitation Act s.22 and laches d…
16 Jun 2020

MD. ERPAN BIN MAIRI (NRIC. No.: 840724-10-5775) 1. KAMARUDDIN BIN YACOOB (NRIC. No.: 530823-05-5079) 2. PENTADBIR TANAH DAERAH GOMBAK 3. WAN NOR HAIMI BIN WAN MAHMUD (NRIC. No.: 590714-09-5041) 4. KERAJAAN MALAYSIA

Citation

: BA-21NCVC-41-07/2017 (Mahkamah Tinggi)
Court

High Court
Case number

: BA-21NCVC-41-07/2017 (Mahkamah Tinggi)

Power of attorney attested by Malaysian Consul abroad was invalid for FMS Malay Reservation land because NLC s211(1) and Fifth Schedule require attestation by a Land Administrator except limited specific exceptions; first defendant committed deceit in selling land without title; land registrar and consul were negligent in registration and attestation respectively and cannot rely on good faith defences because their conduct lacked honesty; plaintiff’s claims were within limitation periods and not barred by res judicata; plaintiff entitled to compensatory damages, assessment of remaining losses…

Malaysia Case Law

CHAMPION SCORE SDN BHD MOHD SOBRI CHEW BIN ABDULLAH

1. ) LOW HAN KOK 2. ) THIAN YEN PENG 1. ) YAP SIEN TOH 2. ) KEVIN WONG WYE KEONG 3. ) LOH SHOOK FUN, AMY 4. ) CHOY LAI YI 5. ) TETUAN YEAP, YONG & AMY

Mohd Affandi Bin Ahmad 1. ) PEMBANGUNAN TANAH DAN PERUMAHAN SDN. BHD 2. ) Q-DEVELOPMENT SDN BHD 3. ) MALAYAN BANKING BERHAD

MD. ERPAN BIN MAIRI (NRIC. No.: 840724-10-5775) 1. KAMARUDDIN BIN YACOOB (NRIC. No.: 530823-05-5079) 2. PENTADBIR TANAH DAERAH GOMBAK 3. WAN NOR HAIMI BIN WAN MAHMUD (NRIC. No.: 590714-09-5041) 4. KERAJAAN MALAYSIA